Trial by history

Los Angeles Times, Dec. 24: Whatever its other legacies, the Bush administration will be remembered for its contemptible disregard for the law in the post-9/11 war on terrorism. From the wiretapping of Americans without a court order to the waterboarding of suspected terrorists to the refusal to abide by the requirements of the Geneva Convention, many of the administration’s policies can fairly be described as lawless.

But were they also criminal? Should officials, including Vice President Dick Cheney and former Defense Secretary Donald H. Rumsfeld, be put on trial, either in a court of law or in a forum like South Africa’s Truth and Reconciliation Commission? As the Bush administration nears its end, calls for such a reckoning are coming from civil libertarians and some supporters of President-elect Barack Obama. Some even argue that President Bush should be indicted.

This editorial page has been uncompromising in its criticism of the Bush administration’s flouting of international and domestic law. But we are wary of either the criminal prosecution of administration officials or some South-Africa-style process.

The Bush administration’s lawlessness calls for a serious reckoning, one that already has begun with a scathing report by the Senate Armed Services Committee about the role played by Rumsfeld and other officials in the spread of abusive interrogation techniques. But as enticing as many find the idea of putting Rumsfeld or Cheney in the dock, neither a show trial nor a truth commission would be the right way to expunge or atone for the abuses of this administration. Thankfully, those who sanctioned them will soon be history.

Miami Herald, Dec. 23: At a recent hearing over the Senate vote recount in his state, Justice Paul Anderson of the Minnesota Supreme Court apparently took umbrage when an attorney suggested that the prolonged dispute was turning into a debacle along the lines of the Florida presidential vote in 2000. “This is not Florida,” harrumphed the judge by way of reply. “This is Minnesota.” No kidding?

Let there be no mistaking one for the other. It would be like comparing frozen tundra with a sandy beach, a gopher with a flamingo, the Northern Lights with the delights of South Beach. We could go on, but why rub it in? Well, maybe just one more: On Tuesday, the noon temperature in these climes was a balmy 74 degrees, compared to six below zero in Minneapolis. Ouch! No wonder the judge gave the attorney such an icy reply.

Dallas Morning News, Dec. 23: It’s understandable that gay rights activists would be hot about Barack Obama asking California Pastor Rick Warren to deliver the inauguration invocation. The evangelical superstar opposes same-sex marriage but supports civil unions.

That’s the position held by 32 percent of Americans, according to a recent Newsweek poll. Given that a roughly equal number of those polled support full marriage rights (31 percent) or no legal recognition for same-sex couples (30 percent), that makes Warren a moderate on the question. But that’s not good enough for many gays, who think his views disqualify him from offering an inaugural prayer.

By that standard, of course, pretty much the only clergy fit to pray at a civic function would be members of liberal Protestant churches or Reform Judaism. Like it or not, Warren and his brand of religiosity is thoroughly mainstream, and Obama was smart to offer him a place of honor at the historic event.

Kansas City Star, Dec. 23: Prior to the summer Olympics, China pledged to free up Web sites. It unblocked some sites but failed to comply fully with its promise.

Now, it is even re-blocking many of the sites again, another reminder that China’s notion of how to become “modern” is a peculiar one.

The Hong Kong-based periodical Asiaweek says its Chinese-language site, along with those of the BBC and Voice of America, are now being blocked. Also blocked is the site of the Hong Kong newspaper Ming Pao.

For 30 years, China has pushed toward modernization, but the government still fails to appreciate that an essential feature of modern societies is the free flow of information.

Washington Post, Dec. 23: This is, by almost any account, the most economically challenging holiday season since the Great Depression. As the unemployment rolls grow by hundreds of thousands, and net worths and 401(k) savings plummet, it may seem reasonable to decide that charity is someone else’s responsibility. But now, more than ever, is the time to answer the call of beneficence, whether by donating money or time.

Even in a time of multibillion-dollar bailouts and talk of trillion-dollar deficits, a few dollars in charity or a few hours of volunteering can have a significant impact. As former first lady Barbara Bush once said, “Some people give time, some money, some their skills and connections, some literally give their life’s blood. But everyone has something to give.”